'Victory' For Teen With Down Syndrome In Battle To Attend School

WESTHAMPTON BEACH, NY — A Remsenburg teen with Down syndrome who just wants to attend school with his friends has seen a victory recently, his dad told Patch.

According to Christian Killoran, who has been fighting for his son, Aidan, 15, to attend the Westhampton Beach School District for years, there was progress over the weekend.

"The Westhampton Beach School District yet again was held liable for violating Aiden's free and appropriate educational rights pursuant to the Individuals With Disability Act," he said. "This time though, the independent hearing officer ordered the district to apply for a variance that will allow Aiden to receive his education within the district."

Over past years, the Killorans filed a "1983" action, alleging that the district has carried on a discriminatory practice against "alternately assessed" special education students, such as Aiden, by outsourcing their "post-elementary" education to other districts.

"Indeed, the history of the district shows that the district has never provided for the internal post-elementary education of a single alternately assessed student," Killoran said. "Now, in order to combat our claim, the district has remarkably agreed to start a special class for the very first time, but in the same vein, has argued that due to Aiden's age, he would not be appropriate, since the class is for the middle school alternately assessed children and not the high school children."

However, Killoran maintained, the regulations allow for the processing of an age variance where appropriate to overcome those circumstances, and that is what Aidan's family petitioned for.

"The district refused. Consequently, we commenced a due process hearing and the IHO agreed with us and ordered that the district apply for the variance," Killoran said.

If the state approves the variance, he added, the district will be compelled to educate Aiden within district in the newly formed class.

"As a side note, it remains remarkable that despite the vast number of students that are outsourced, the district is still only reluctant to form a class for the middle school only and not the high school. Hopefully that will change after we win at the federal level," Killoran said. "If we prevail, our main goal of having Aiden educated internally will be won, and then the only issue becomes accountability and the damages the district should have to pay for treating Aiden as a pariah for the past two years."

The district, he said has now spent well over $300,000 of taxpayer money "in fighting to keep Aiden excluded, only to lose and expose the district to significant future damages."

When asked for a response, Westhampton Beach Union Free School District Michael Radday said, "Due to the ongoing litigation related to this matter, I am unable to comment at this time. "

But for Aiden's parents, the news is reason for hope after years of fighting for their son.

"Right now, we as parents, feel cautiously optimistic about the IHO's decision, but know how the district has acted in the past," Killoran said. "Basically, it's 'bittersweet' at this point, but we are looking for the 'accountability' stages of the future proceedings."

In June, it was a new legal battle for the family when Aiden said he wanted to volunteer at a summer recreation program where he spent many happy years.

Aiden was rejected by the Westhampton Beach School District as a volunteer, Killoran said.

"Amidst the current litigation, wherein we are seeking inclusion of Aiden within the school district, Westhampton has now denied Aiden's application to serve as a volunteer within its summer recreation program," he said.

Additionally, Killoran said, the Westhampton Beach school district refused Aiden's integration into lunch and electives, while the court proceedings evolve.

"We have recently filed an order to show cause, which will compel the district to answer why it has denied Aiden's application. We, of course, know the reason to be retaliation, as they summarily dismisses Aiden's application without even meeting with him," he said.

Killoran said he and his wife Terrie haven't told Aiden, "to protect him. We, however, are furious. This is a malicious and retaliatory tactic and it comes in the heels of the district refusing to allow Aiden to attend lunch and electives, even though the district has admitted that his participation is not only feasible but in his best interest, and yet they refuse to do it simply because if further compromises their court case."

Aiden's heartbroken mom shared her feelings: "It is truly unbelievable. This kid just wants to be included in his Greater Westhampton Community, alongside familiar peers, in the school he would have gone to if he didn't have a disability. He has so many friends who want to include him and want him to be a part of their lives."

Aiden, she said, has attended the district's summer recreation for at least five years, and he loved every minute of the experience. "Cooking class, science class and computer class with his friends — just like all the other kids. He was included easily and enjoyed it."

Last year, however, his mom said, he applied to attend the program and she received a rejection letter saying he'd "aged out" of the program, which is for students in grades K to 8th.

"It just seemed silly. He is an amazing kid with Down syndrome. he is a 'non-grader.' If the Westhampton Beach School District was willing I am sure they could have allowed him to attend in some fashion last year. However, they are not willing, so this year Aiden was asking to attend and knowing that they declined him last year, he decided he wanted to volunteer," Terrie said.

Aiden, she said, after years of battling with the district, now has a consultant; one of her duties is to assist all of his teachers and related service providers to successfully include Aiden in the general education setting, Terrie said.

"What better general education setting than alongside his familiar peers in the summer recreation program?" she asked.

The battle has been ongoing for years, with the Killoran family filing a complaint in federal court.

The complaint, filed with the United States District Court, Eastern District of New York, states that Aiden "continues to suffer from the significant emotional, psychological and physical effects caused by Westhampton's affirmative and discriminatory actions."

According to Killoran, he and his wife are hopeful that the filing will bring their son's substantive complaint before the purview of the court.

"To date, Westhampton Beach School District has done everything in its power to avert the adjudication of the issues. We are confident that justice is now on the foreseeable horizon and we look forward to a new day, not just for Aiden, but all special needs children who will follow him," Killoran has said.

He added that it has been more than three years since Aiden graduated from Remsenburg-Speonk Union Free School District and yet, the Westhampton Beach School District "continues to have its heels stuck in the ground, so as to preserve its discriminatory culture of institutional laziness. My family understands the Westhampton's intransigence, because Aiden's case basically represents a 'Pandora's box', that will change the way Westhampton has historically been governed."

And, Killoran said, "Remarkably, New York State remains the worst state in the nation regarding inclusion, and Westhampton remains a perfect example of this antiquated mind-set. The recent Supreme Court decisions profile that Westhampton can no longer 'hide' behind its past practices. It is just sad, and frustrating that the Board of Education and superintendent would be so foolish with the taxpayers' money, simply to preserve their personal agendas. It's actually an outrage."

The complaint asks that that the court issue a declaratory judgment holding that "Westhampton has violated Aiden's rights" as protected, issue an order "compelling to educate Aiden in accord with its at law mandates, which shall expressly include at least an attempt to implement Aiden's IEP within Westhampton", an award of compensatory education to mitigate the deprivation of educational rights" they believe their son suffered for two years, and "an award for monetary damages (including punitive) related to the emotional, psychological and physical damages suffered by Aiden and his parents due to Westhampton's intentional, malicious, and/or recklessly negligent violations," the complaint states.

Aiden, Terrie said, has been a vital part of the community since birth, attending Saint Mark's Bright Beginnings Preschool at the age of two and then the Remsenburg-Speonk School District, "always on the same path as his peers. Along the way, making friendships to last a lifetime."

While many of his peers will go to college, return to the area, settle down, have families and perhaps open businesses, the path for her son is marked by challenges, Killoran said.

"We do not know if Aiden will go to college but one thing is sure — he will have to depend upon his relationships to get a job. It is so heartbreaking and detrimental for him not be able to continue his relationships and friendships, not to mention being absent from his community, further delaying his independence, navigating community roads and establishing more community relationships," Terrie said.

She added, "We are all different but all the same. A community is just that. We all help each other and include each other."

She and her husband have said that New York State has been ranked #50 in terms on inclusion. "The time is now to make a change, instead of fighting so hard to keep segregation," Killoran said.

For all the many who have rallied by their sides, Killoran said, "We are thankful for all of the community support and truly have hope and faith in our hearts that change will happen. We believe the core values of our community stem from meaningful relationships, honesty, a commitment to rejoice together, mourn together, delight in each other and make others conditions our own."

Terrie added that her son is way more than his testing. "He's an amazing, funny, happy, smart kid with a ton of friends. He reads on a second and third grade level, reads and writes stories,, enjoys math and science — and his decoding skills are probably on a sixth grade level. He has been a part of the seventh grade lacrosse team this season and loves being included."

Years of conflict

The Killorans have been advocating for years for Aiden's right to continue to attend middle school in Westhampton Beach with his brother and the friends he attended classes with in Remsenburg.

Westhampton Beach School District, Killoran said last year, was ordered to formally enroll Aiden, retain a qualified consultant on inclusion, with experience at the middle school level, and reconvene a Committee on Special Education to develop an appropriate individualized education program, or IEP, for Aiden, something that was seen as a victory.

In 2017, however, he remained only partially enrolled, Killoran said, suffering the "educational deprivations of not being educated completely within the least restrictive environment possible."

Back in January, Killoran said the IHO denied the family's claims for compensatory damages but said he would be appealing that component and now moving onto the federal court to seek punitive damages for "the hell they — the superintendent and board — put my family through. They need to be held accountable. Also, the district will likely appeal, so the battle will likely continue," he wrote.

Radday commented on the decision regarding the consultant last year: "Westhampton Beach School District has reviewed the decision of Impartial Hearing Officer Nancy Lederman and will fully comply with her order. The order requires the district to retain an educational consultant to review the child's educational records, to examine appropriate 'life skills' placements both within and outside the district, and to recommend to the district's committee on special education (CSE) an appropriate program and placement. We are pleased that IHO Lederman has directed the case back to the district's CSE, which is the appropriate venue for program and placement decisions. The district will move forward in compliance with IHO Lederman's order, despite the parents' decision to file an appeal of the decision to the New York State Education Department's Office of State Review."

Without the green light from Westhampton Beach, his son would need to attend school at a BOCES program or be bused to another school district, Killoran said. Killoran's other son, Christian, is enrolled in the district.

"He just wants to go to school with his brother and the friends he grew up with"

Although his parents have tried to "shield" Aiden from what's been transpiring, "He just wants to go to school with his brother and the friends he grew up with," Killoran said.

The Killorans also have a daughter, Shannon, he said. The past months, Killoran said, have been "stressful, taxing emotionally and financially."

In past years, the Killorans kicked off a Change.org petition, "My Son with Down Syndrome Deserves An Education."

Photo courtesy of the Killoran family.